Joint work of supervisory authorities
Where appropriate, the supervisory authorities shall conduct joint activities, including joint investigations and joint enforcement measures, involving members or staff of the supervisory authorities of other Member States.
If the controller or the processor has establishments in more than one Member State, or if a significant number of data subjects in more than one Member State are likely to be substantially affected by the processing activities, one supervisory authority of each of those Member States shall have the right to participate in the joint activities. The supervisory authority competent in accordance with Article 56(1) or (4) shall request the supervisory authority of each of those Member States to participate in the joint activities in question and shall reply to the request of a supervisory authority to participate without delay.
A supervisory authority may, in accordance with Member State law and with the agreement of the supporting supervisory authority, confer powers on the members or staff of the supporting supervisory authority participating in joint activities, including in relation to the conduct of investigations, or, in so far as national law permits the host supervisory authority, allow the members or staff of the supporting supervisory authority to exercise their investigative powers in accordance with the national law of the supporting supervisory authority. In doing so, such investigative powers may be exercised only under the direction and in the presence of members or staff of the host supervisory authority. The members or staff of the supporting supervisory authority shall be subject to the law of the host supervisory authority's Member State.
Where staff members of a supporting supervisory authority operate in another Member State in accordance with paragraph 1, the Member State of the receiving supervisory authority shall assume responsibility for their activities, including liability for any damage caused by such staff members in the performance of their duties, in accordance with the law of the Member State on whose territory such staff members operate.
The Member State in whose territory the damage was caused shall make good such damage under the conditions applicable to damage caused by its own staff. The Member State of the ancillary supervisory authority whose staff members have caused damage to any person in the territory of another Member State shall reimburse that other Member State in full any sums which that other Member State has paid to entitled persons on behalf of those staff members.
Without prejudice to the exercise of its rights vis-à-vis third parties and except as provided for in paragraph 5, each Member State shall refrain, in the case referred to in paragraph 1, from recovering from any other Member State the amount of the damage referred to in paragraph 4.
Where a joint operation is planned and a supervisory authority does not comply with the obligation set out in the second sentence of paragraph 2 of this Article within one month, the other supervisory authorities may take a provisional measure on the territory of the Member State for which they are competent in accordance with Article 55. In such a case, it shall be deemed that urgent action is required in accordance with Article 66(1) and requires an urgent opinion or an urgent binding decision of the Committee in accordance with Article 66(2).
